EU European Arrest Warrant:
Greek students face extradition to Italy on Fascist-era "destruction
and looting" charges4.1.16
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In early January a Greek court will decide whether or not to
extradite to Italy five students who face charges including "destruction
and looting" in relation to demonstrations against the Milan
Expo in May 2015. It is believed to be the first time that European
Arrest Warrants (EAWs) have been used to try to extradite protesters.

Melee in Milan

The five Greek students are being charged with aggravated resistance
and the use of improvised weapons (bottles, rocks and Molotov
cocktails); travisamento (concealing one's face, for example
with scarves or balaclavas); and destruction (devastazione)
and looting.

The Free 5 group, which is supporting the students, hopes that
the judges in Athens will refuse the extradition orders as the
charges in Italy carry far heavier penalties than the equivalent
acts in Greece. Free 5 told Statewatch in an email that
they will also organise "a bit rally outside of the courts"
on the days of the hearings - 7, 8 and 11 January - and that
"many unions and organisations [will] testify politically
against the extradition of the students."

The charges relate to demonstrations against the Milan Expo on
1 May 2015, which became unruly, as reported by The Guardian:

"Thick clouds of smoke from burning cars filled parts
of central Milan, where groups of protesters, their faces masked
against the fumes, threw stones and faced off against lines of
police in riot gear.

"Water cannons were used to put out blazes, including one
at a bank branch where the wall had been spray-painted with the
words: 'You've skinned us, today you pay.'"

The article noted:

"The protesters have been angered by Expo's reliance
on volunteer workers, the involvement of corporations like McDonald's
and Coca-Cola and a perception that much of the public money
ploughed into the project has been lost to corruption."

Serious charges

The charge of devastazione is particularly serious, with a maximum
sentence of 15 years in prison. It can be applied where repeated
instances of criminal damage take place during a single period
of time and where they are considered a problem affecting public
order.

It was initially introduced into the Italian legal system in
1930, during the Fascist dictatorship, and disappeared from the
legal landscape following World War II until it was revived in
the late 1990s as part of the state's response to the anti-globalisation
movement. For example, following the events in Genoa in 2001,
five people were sentenced to between five and 15 years in prison
on charges of devastazione.

The Free 5 group were initially detained by the Italian police
whilst outside a squat in Milan on 2 May, but were released without
charge after having had their fingerprints, photographs and DNA
taken.

However, on 12 November they were arrested in northern Athens
by Greek police officers, on the basis of a European Arrest Warrant
approved by a court in Milan. A text released by the students
says: "According to the warrant, we were 'seen' taking part
in the riots".

According to the 'Free 5' support campaign, they are due to appear
before the Athens Court of Appeals on 7, 8 and 11 January to
"resolve the issue of the extradition to Italy."

The European Arrest Warrant

The European Arrest Warrant was introduced swiftly following
the terrorist attacks of 11 September 2001. It "streamlined"
the extradition of individuals from one EU Member State to another,
replacing previous procedures which were based on a mish-mash
of different legal bases.

Article 2 of the law establishing the EAW says:

"A European arrest warrant may be issued for acts punishable
by the law of the issuing Member State by a custodial sentence
or a detention order for a maximum period of at least 12 months
or, where a sentence has been passed or a detention order has
been made, for sentences of at least four months."

The system introduced by the EAW has long-faced criticism. Poland,
in particular, has been accused of misusing the system, as The
Guardian reported in 2008:

"In one case, according to [Detective Sergeant Gary]
Flood, a carpenter who fitted wardrobe doors and then removed
them when the client refused to pay him, was subject to an extradition
request by Poland so that they could try him for theft. In another
case, the Polish authorities requested the extradition of a suspect
for theft of a dessert. 'The European arrest warrant contained
a list of the ingredients,' Flood said.

"Although Poland is not the only culprit - a Lithuanian
was extradited last year on a charge of 'piglet-rustling' - it
has made the most requests by far."

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